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Chapter 11

P R 220 Chapter Notes - Chapter 11: Freedom Of Information In The United States, Freedom Of Information Laws By Country, Actual Malice


Department
Public Relations
Course Code
P R 220
Professor
Wilgenbusch
Chapter
11

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Legal
Intellectual Property: any product of the human mind that is
protected by law from unauthorized use by others
Those working in PR need judicial awareness off...
Defamation
Sunshine laws
Business regulations
Appropriation
Privacy
The first amendment
Protect PR
Does not allow false advertising
Is disregarded while in clear and present danger
Clear and present danger: circumstance that may
limit rights to free speech in the interest of
preventing “substantive evil”
Defamation
Free speech is limited in regards to hurting someone’s
image/reputation
Defamation: false communication that injures someone’s
reputation
Slander: oral communication that is false and injures
someone’s reputation
Libel: written or otherwise recorded false
communication that injures someone’s reputation
Instagram, twitter and any other online posting
or social media is subject to Libel Law
What counts a defamation?
Statement must actually be false and hurt one’s
reputation
Truth is a great defense against libel cases
Statement must be published to at least one or more
other people to see

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And the person being spoken of must be
identifiable
So ‘subtweeting’ could be tough to prove
The false statement has to be factual
Name calling and hyperbole are hard to prove
Statement must be made with fault
Defendant was either careless or negligent in
making the statement or the defendant actually
knew the statement was false and did it anyway
Public figure: someone “of general fame or notoriety in
the community” who is subject to less protection in libel
cases than a private individual
Politicians, celebrities, etc.
Receive more libel than the typical person
They just have to deal with libel unless they can
prove actual malice aka it was done on purpose to
hurt them
Actual malice: when a defamatory statement is
made with knowledge of its falsity and reckless
disregard for the truth
Intellectual property
Copyright: claim to intellectual property rights of an
original work of authorship including rights to reproduce,
distribute, perform, display, license and so on
Literature, music, art, pictures, graphics, sculptures,
architecture, etc.
Little c in a circle
Trademark: word, name, phrase, symbol or design used to
distinguish a product or service from others in the
competitive marketplace
Registered trademark little R in a circle
Patent: claim to intellectual property rights of an
invention
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